Family law is a practice area that deals with legal matters about the family. These legal issues can be overwhelming and confusing. Family court lawyers realize the sensitive nature of each legal matter. They will provide you with help in navigating the complex rules, regulations, and court procedures of family law.
The Family Court of the State of New York presides over cases involving family issues in Nassau County. Family court lawyers can provide you with solid legal advice on the following family court cases:
Prenuptial Agreement
Two people may have their own separate money and property before marrying. A prenuptial agreement is a legal contract between the future married couple. This legal contract names the property owned by each future spouse. The contract explains the division of the assets and debts after a marriage ends. The prenuptial agreement will also clarify the wishes of spouses after their death.
If you do not have a prenuptial agreement, your state will determine the division of the assets. You may be responsible for the other spouse's debts. Lawyers can help you draft a valid prenuptial agreement. It will meet the requirements of your state.
Separation Agreement
A separation agreement is a contract between a married couple. It explains their separate living arrangements. This agreement outlines the division of assets and property before a divorce. It also addresses issues on the children. Here are some reasons to have a separation agreement:
• Decide whether to share credit cards or financial accounts
• Occupant of family home
• Dividing of expenses
• Temporary custody of children
• Visitation of children
Legal professionals can help with the complexity of drafting a separation agreement. They know the laws covering separation agreements.
Divorce
Divorce is a court order ending a marriage. The Centers for Disease Control and Prevention (CDC) claim that 45 states reported 813,862 divorces in 2014. The Supreme Court for the State of New York handles divorce cases for its residents. There must be a separation of 12 months before the judge grants a fault or no-fault divorce in New York State. There are some reasons to choose a fault divorce:
• Cruel behavior from the other spouse
• Relationship with a person outside of the marriage
• Prison sentence for a certain amount of time
• Desertion for a specific number of years
• No sexual activity with spouse
A no-fault divorce is when a spouse obtains a divorce without proving bad behavior. Both spouses can declare "irreconcilable differences" as a legal ground for divorce.
Family Court for the State of New York handles all the other issues of divorce:
• Prenuptial agreement
• Separation agreement
• Spousal and Child Support
• Child Custody and Visitation
Lawyers can help spouses deal with difficult decisions throughout their divorce proceedings. Legal professionals have knowledge, experience, and skills, which can resolve some tricky issues.
Spousal Support
Sometimes one spouse requests financial support from the other spouse. The court calls this spousal support. A spousal support case starts in family court. There are some things the judge will want to know to grant spousal support:
• number of years married
• the age of each spouse
• health of each spouse
• education and training of each spouse
• contributions made to increase the earning capacity of the other spouse
The spousal support order will terminate once the couple receives a divorce. The judge will decide whether to continue the spousal support. If the judge grants the order, the spousal will continue to receive maintenance (spousal support) until a specific date or death. The order will also end if the spouse requesting the maintenance remarries. Attorneys with experience in family law can help both spouses make the right decisions for this matter.
Child Support
The family court issues orders for child support. When both parents are living apart, a child will receive financial support from them. Child support ends when the child is 21 years old. If the child decides to work or marry before the age of 21, the financial obligation of both parents will terminate. Legal professionals will be able to assist both parents with the rules and court procedures concerning this matter.
Child Custody and Visitation
Child custody in New York involves several types of law. Legal custody is when one or both parents make important decisions concerning the child's well-being. These decisions can involve education and health. A parent can have physical custody. This means the child lives with one parent the majority of the time. The child lives with the other parent at other times. Joint custody is when the child lives with each parent at equal times. Sole custody is when only one parent has custody of the child.
Nassau Family Court Lawyers will provide families with help on the court procedures of family law. They will also help parents make decisions, which are in the best interest of their children.
Nassau County Family Law
Family law (https://www.hg.org/family.html) is defined as a series of laws and case precedents that govern the responsibilities of people who have a domestically connected relationship. Family law remains an increasingly stressful type of law because the individuals involved are linked emotionally as well as financially. For that reason, a person having legal family issues is greatly advised to retain a lawyer who is well versed in this specialized type of law.
What Situations May Cause a Person to Need a Family Law Expert?
Most of the people who need a family law lawyer do so because of the end of a romantic relationship or marriage. Some of the issues a family law counselor assists a person with include:
- Separations.
- Annulments.
- Divorce.
- Alimony.
- Child custody.
- Visitation rights.
- Child or other types of support.
- Division of property.
- Is my relationship legally valid? When did it become valid?
- What are a couple’s personal and financial responsibilities individually and towards each other?
- How can I continue to provide a stable living situation for my children?
- How can I support myself? I have been raising children and not working outside the home for years
- Can I get financial assistance to help raise the children?
- Who will have custody of my children?
- Who will influence my children’s religion, education and take care of their health care?
- Does he or she have to have our children if he or she is unfit?
- How much child support or alimony does a spouse need to pay?
- Is my spouse hiding income or assets to avoid paying child support or alimony?
- What happens if my spouse doesn’t pay alimony or child support?
- What happens if my former spouse tried to abduct my children?
- What are a step parent's rights and duties?
- I think my elderly parent is no longer able to care for themselves? What can I do to keep them safe?
- Can you help my situation? I’m in an LGBT relationship.
- My spouse is abusive. How do I safely leave this relationship?